Item Coversheet




PROPOSED RESOLUTION

****offered the following resolution and moved its adoption, which resolution was declared adopted after a poll of the members of this Board:

RESOLUTION NO. -2017

A PUBLIC HEARING PURSUANT TO CHAPTER 29A OF THE TOWN CODE TO CONSIDER THE APPLICATION OF 132F REALTY CORP. FOR A PERMIT TO INSTALL FOUR (4) UNDERGROUND FUEL STORAGE TANKS AT THE PREMISES LOCATED AT 1011 LAKEVILLE ROAD, NEW HYDE PARK, NEW YORK AND DESIGNATED ON THE NASSAU COUNTY LAND AND TAX MAP AS SECTION 8, BLOCK 10, LOTS 40-48.

        WHEREAS,  132F Realty Corp. (the “Applicant”) has applied for a permit (the “Underground Storage Permit”) pursuant to Section 29A-4 of the Town Code of the Town of North Hempstead (the “Town Code”) to install four (4) 10,000 gallon double-walled fiberglass diesel fuel storage tanks  on real property located at 1011 Lakeville Road, New Hyde Park, New York and designated on the Nassau County Land and Tax Map as Section 8, Block 10, Lots 40-48  (the “Application”); and

 

        WHEREAS, it has been determined that the Application is subject to consideration by the Town Board (the “Board”) of the Town of North Hempstead (the “Town”) under Town Code §29A-8 for the issuance of the Permit; and

 

        WHEREAS, all necessary reports, recommendations, and comments on the Project have been filed with this Board by the Commissioner of Building, Safety, Inspection and Enforcement (the “Building Commissioner”) and the Commissioner of Planning and Environmental Protection (the “Planning Commissioner”) of the Town; and

 

        WHEREAS, the Town Clerk, pursuant to and in accordance with Town Code, has published notice of a public hearing scheduled for July 18, 2017 (the “Public Hearing”), as authorized and directed by the Town Board pursuant to Resolution No. 382-2017, adopted on June 27, 2017; and

 

        WHEREAS, the Applicant, in the manner required by Town Code §29A-8(A), has furnished proof of service of notice of the Public Hearing to the affected property owners within a 200-foot radius of the Premises, and filed an affidavit as to the mailing of such notices as required thereunder; and

 

        WHEREAS, it is required that a “lead agency” be established to review the Action pursuant to the rules and regulations for implementation of the New York State Environmental Quality Review Act as set forth in Title 6, Part 617.6 (b) of the Official Compilation of Codes, Rules, and Regulations of the State of New York (“SEQRA Regulations”); and

 

        WHEREAS, this Board, through action of the Town’s Department of Planning and Environmental Protection (the “Planning Department”) pursuant to Town Code §20-4, has established itself as lead agency and wishes to render a determination of significance pursuant to the SEQRA Regulations; and

 

        WHEREAS, the Board has reviewed the actions of the Planning Department, and the Negative Declaration indicating that the Action constitutes an “unlisted action” pursuant to Section 617.2 (ak) of the SEQRA Regulations which will not result in any significant adverse impacts on the environment, based upon the analysis set forth in the Short Form Environmental Assessment (“SEAF”), for reasons that (i) the action (A) will have a minimal impact; (B) is not anticipated to cause a substantial (1) impairment of the character of the community, (2) adverse change in the existing traffic level, (3) impact on existing water supplies or wastewater treatment facilities; (4) increase in the potential for erosion, flooding, or drainage problems; (C) will not cause (1) significant impacts to natural resources, or (2) a major change in the use of either the quantity or type of energy; and (D) will not create a hazard to environmental resources or human health (the “Commissioner’s Determinations and Negative Declaration”); and

 

        WHEREAS, the Board wishes to conclude that the action constitutes an “unlisted action” as not an excluded or exempt action as defined in Section 617.2 (p) or (q) of the SEQRA regulations and not included in statewide or individual agency lists of Type I or Type II actions, and which will not result in any significant adverse impacts on the environment; and

 

        WHEREAS, this Board has carefully considered the Application, testimony and other relevant evidence at the Public Hearing held on July 18, 2017, and afforded all interested persons the opportunity to be heard; and

 

        WHEREAS, this Board now wishes to render a decision on this Application.

 

        NOW, THEREFORE, BE IT

 

        RESOLVED that the Town Board declares itself “lead agency” under the SEQRA Regulations for the Action; and be it further

 

        RESOLVED that this Board hereby adopts the Planning Department’s Determinations and Negative Declaration, finding that the Action is an “unlisted action” which will not result in any significant adverse impact on the environment, based upon the analysis set forth in the SEAF, and upon the testimony and reports adduced at the Public Hearing; and be it further

 

        RESOLVED that this Board hereby authorizes the Planning Commissioner to prepare, file and distribute such documents as may be required pursuant to Section 617.12 of the SEQRA Regulations to effectuate the foregoing determinations and findings; and be it further

 

        RESOLVED that this Board finds that the replacement of the existing

tanks with the new tanks is consistent with the spirit and intent of Town Code §29A-5(B); and be it further

 

        RESOLVED that, pursuant to Town Code §29A-5(A), the Application is hereby granted and the Permit is hereby approved; and be it further

 

        RESOLVED that a copy of this resolution shall be filed with the Town Clerk and the Building Commissioner, pursuant to Town Code §29A-4 (B), is hereby authorized and directed to issue a building permit: (1) upon compliance with the application requirements as set forth in the Town Code; (2) upon the condition that the permit, as it relates to the installation of the Tank, shall expire on July 18, 2018; and (3) upon any other conditions or requirements imposed by any other governmental entity having jurisdiction over the Premises, except as herein above set forth, and to take such other action as may be necessary to effectuate the foregoing.

 

Dated:        Manhasset, New York

 

                   July 18, 2017

 

The vote on the foregoing resolution was recorded as follows:

 

                   Ayes:

 

                   Nays: